Justice In America Research Articles

Book Review: Justice in America: The Separate Realities of Blacks and Whites

Book Review: Justice in America: The Separate Realities of Blacks and Whites

Debating God’s Economy: Social Justice in America on the Eve of Vatican II

Debating God’s Economy: Social Justice in America on the Eve of Vatican II

Breaking the Silence: Sara Paretsky's Seizure of Ideology and Discourse in Blacklist

This article utilizes Althusser's theories on Ideological State Apparatuses [ISAs] and State Apparatuses [SAs] to examine Paretsky's novel Blacklist and identifies the author's social protest, tied specifically to post-9/11 federal-government incursions on civil liberties. Two plot lines, a contemporary, post-Patriot-Act murder and an historical, McCarthy-era crime, are linked by a shared ideological dominance of culture and politics. Paretsky's detective Warshawski is challenged by and defiant of both SAs, in the form of local and federal law enforcement agencies, and the ISAs of communications, culture, and politics. Warshawski resists both SAs and ISAs by seizing the discourse in interrogations by law-enforcement officials and by exposing the ideological corruption of American culture. In Blacklist , the cultural discourse drives and is driven by the ideology, and in both plots interpellation is used to compel the public to acquiesce to State and Ideological dominance. By these means both governmental and cultural hegemony are maintained, at the cost of truth and justice. Although the hardboiled-detective formula has a history of resistance to corruption in state and cultural mechanisms, we find in Paretsky's Blacklist a shift in the paradigm. Here, Warshawski opposes State Apparatuses whose corruption of the Constitution has been codified. Although Paretsky's detective does not find justice in America's post-9/11 world, the novel itself stands as the author's assertion that America's citizens must speak up against all convergences of State Apparatuses and Ideological State Apparatuses that eat at the core of democracy.

Debating God's Economy: Social Justice in America on the Eve of Vatican II (review)

Debating God's Economy: Social Justice in America on the Eve of Vatican II (review)

April 4, 1968: Martin Luther King Jr.'s death and how it changed America

On the 40th anniversary of the assassination of Martin Luther King, Jr, Michael Eric Dyson re-examines the influence of the Civil Rights leader, and how his death changed America.Martin Luther King, Jr, the prophet for racial and economic justice in America, was assassinated on April 4, 1968. Earlier that day, he had ended his final public speech by saying may not get there with you, but I want you to know tonight, that we as a people will get to the Promised Land.Now, forty years after his death, Michael Eric Dyson uses the assassination as a starting point for a comprehensive re-evaluation of the fate of America, specifically Black America, over the ensuing years. He ambitiously - and controversially - investigates the ways in the nation has made it to the Promised Land (the Civil Rights Bill of '64; the incredible number of black elected; the expanding black middle class and increased numbers of black entrepreneurs and CEOs) whilst shining a bright light on the many areas that still fall far short (racial profiling; police brutality; housing discrimination in the form of mortgage practices; health disparities; and, disproportionate levels of unemployment and underemployment).Rather than looking only back April 4, 1968 takes a sweeping 360-degree view of King's death-remembering all the toil, triumph, and tribulation that led to that fateful date while anticipating the ways in which the legacy of King's death will affect America's future.

The African‐American Jeremiad: Appeals for Justice in America – By David Howard‐Pitney

The African‐American Jeremiad: Appeals for Justice in America – By David Howard‐Pitney

Who Cares about Inequality? Liberalism and Distributive Justice in America

Who Cares about Inequality? Liberalism and Distributive Justice in America

Debating God's economy: social justice in America on the eve of Vatican II

Debating God's economy: social justice in America on the eve of Vatican II

State v. Green: A Historical and Legal Analysis of Oregon's First Reported Use of Direct Offensive Issue Preclusion Against a Criminal Defendant in State Court

In-depth analysis of Oregon's first reported use of direct offensive issue preclusion in a state court criminal prosecution: State v. Roger Lynn Green, 271 Or. 153, 531 P. 2d 245 (1975). The use of direct offensive issue preclusion against a criminal defendant is a relatively recent deviation from established procedure in the administration of criminal justice in America. It raises Double Jeopardy objections, presents fundamental fairness issues for parties and jurors, is highly controversial, and has created a conflict among the states and federal circuits. For instance, although the Supreme Court of Oregon has upheld the practice, the Supreme Court of Tennessee recently prohibited it: State v. Scarborough, 181 S.W. 3d 650 (2005), as did the Ninth Circuit: U.S. v. Arnett, 353 F. 3d 765, 766 (9th Cir 2003) (Order, per curiam). It is worthwhile exploring how one state (Oregon) initiated the practice via a sua sponte Order by its State Supreme Court which was later expanded on by the Legislative branch. This is the first of a three-part series on the use of direct offensive issue preclusion in criminal prosecutions in Oregon.

Who Cares About Inequality? Liberalism and Distributive Justice in America: An Experimental Approach

Who Cares About Inequality? Liberalism and Distributive Justice in America: An Experimental Approach

Book Review: Barak, G., Leighton, P., & Flavin, J. (2007). Class, Race, Gender, Crime: The Social Realities of Justice in America (2nd ed.). Lanham, MD: Rowman & Littlefield, pp. 327

Book Review: Barak, G., Leighton, P., & Flavin, J. (2007). Class, Race, Gender, Crime: The Social Realities of Justice in America (2nd ed.). Lanham, MD: Rowman & Littlefield, pp. 327

Book Review: Criminal Justice in America: The Politics Behind the System

Book Review: Criminal Justice in America: The Politics Behind the System

The Unknown American Revolution: The Unruly Birth of Democracy and the Struggle to Create America (review)

The Unknown American Revolution: The Unruly Birth of Democracy and the Struggle to Create America. By Gary B. Nash. (New York: Viking, 2005. Pp. 540. Cloth, $27.95.)One of the tried-and-true tricks of graduate school is to learn historiography through the careful study of acknowledgement pages. Gary Nash's The Unknown American Revolution does not disappoint. His list of friends is really a who's who of new social historians, including Alfred Young, Peter Wood, Francis Jennings, Jesse Lemisch, Robert Gross, Mary Beth Norton, and Linda Kerber. This group of diverse and prolific scholars began in the late 1960s and early 1970s to emphasize history from the bottom with the purpose of recovering from the dustbin scores of dynamic and significant actors who were not elite white males. Nash himself, of course, was a luminary in this project of giving voice to the traditionally voiceless, producing such important books as Red, White, and Black: The Peoples of Early America (1974) and The Urban Crucible: Political Consciousness and the Origins of the American Revolution (1979) early in what would be a prodigious, pathbreaking career. It is fitting then that Nash be the one who provides the capstone to that generation of scholarship.On the first page of his book, Nash restates Carl Becker's near century-old formulation that the Revolution was as much about home rule as it was who would rule at home. The Unknown American Revolution proceeds to spend more than four hundred pages detailing vividly the contestation over the latter but far too little noting the significance of the former. This concentration of the spotlight solely on the race, class, and gender battles over who would rule at home illustrates both the strengths and weaknesses of the now-not-so-new new social history. In the end, by throwing the founding fathers out with the bathwater, and by extension the whole political project of nation-making (or home rule), Nash's synthesis is ultimately unsatisfying.The Unknown American Revolution consists of eight chapters that document how, beginning in the mid-eighteenth century, an increasing number of discontented African Americans, Indians, women, urban workers, and rural farmers began to demand better treatment in colonial society, a peoples' revolution that brought on and made possible the movement for American independence (xvii). Broken down into chronological bites, each chapter is made up of subsections that follow the formula of race, class, gender. Nash's list of players that, for him, created the Revolution is an expansive one (although most are hardly unknown to scholars of the Revolution): Thomas Peters, Dragging Canoe, Herman Husband, Boston King, Thomas Paine, Anthony Benezet, Joseph Brant, Ethan Allen, Mum Belt, Ebenezer McIntosh, and the mutinous troops in the Continental Army.The Unknown American Revolution tells the stories of these lesser-known revolutionaries with vigor. Building on his excellent work on emancipation and the African American experience in Pennsylvania, Nash's discussions of black participation in the Revolutionary War, the efforts of Quaker abolitionists to prick the conscience of America, and how America missed its best opportunity to end slavery in the aftermath of independence are first-rate. His expertise with urban mobs also demands that attention be paid to his portrayal of the Stamp Act crisis in Boston and the Fort Wilson riot in Philadelphia as violent expressions of a growing demand for democratic justice in America. Areas where he has not previously published, including on women and Indians, are familiar and do not sparkle as brightly. Sparks hardly lack in Nash's portrayal of the founding fathers. They appear in the text as foils whose flaws far outweigh any redeemable qualities. Jefferson and other luminous Virginians are hypocrites, Robert Morris and Alexander Hamilton are proto-robber barons, and John Adams comes off as a paranoid reactionary (435). …

Review of David Howard Pitney’s The African American Jeremiad: Appeals for Justice in America

Review of David Howard Pitney’s The African American Jeremiad: Appeals for Justice in America

:Military Justice in America: The U.S. Court of Appeals for the Armed Forces, 1775–1980.(Modern War Studies.)

Jonathan Lurie has prepared the seminal history of the development of the United States Court of Military Appeals for the Armed Forces. Pursuant to its constitutional power to “make Rules for the Government and Regulation of the land and naval forces,” Congress created the Court in 1951 as a component of the consolidated Uniform Code of Military Justice (commonly referred to as the UCMJ). The intent was to create a civilian appellate mechanism to provide oversight and create harmony in the interpretation of military law across all of the branches of the armed forces. The court also serves as a counterbalance to the potential for the erosion of justice within the military as a result of command pressures. The creation of the Court of Appeals for the Armed Forces is the definitive indicator of Congressional desire (on behalf of the American people) to implement core values against the backdrop of civilian standards by molding the practices of American military judges and lawyers around the world rather than allowing an unchecked evolution of practice from the British Articles of War. The establishment of the court culminated the extension of judicial authority over the eclipsing power of unchecked command discretion.

Rethinking the Study of Miscarriages of Justice:

This article provides a brief history of the study of miscarriages of justice in America. It analyzes the field of wrongful conviction scholarship as three distinct genres: the big-picture studies, the specialized-causes literature, and the true-crime genre. It also analyzes what these literatures have contributed to knowledge about miscarriages as well as their limitations. This article attempts to rethink the study of miscarriages of justice to systematically develop a more sophisticated, insightful, and generalizable criminology of wrongful conviction.

Book Review: Environmental Justice in America: A New Paradigm, Race: The Reality of Human Differences

Book Review: Environmental Justice in America: A New Paradigm, Race: The Reality of Human Differences

Environmental Justice in America: A New Paradigm

Environmental Justice in America: A New Paradigm

Environmental justice in America: a new paradigm

Preface and Acknowledgments Part I. The Dynamics of Environmental Justice 1. Introduction 2. Forms of Environmental Justice 3. What Has Gone Before: Why Race Was Not on the Original Environmental Agenda 4. The Evolution of Environmental Justice as a Policy Issue: A Movement Whose Time Has Come 5. Misconceptions about Minority Attitudes toward Environmental Issues 6. The EPA: An Agency with an Attitude Part II. Policy Analysis of Environmental Justice 7. Environmental Justice through the Lens of Policy Analysis: Why Should Government Get Involved? 8. The Measurement of Environmental Justice: Some Rules of Engagement 9. A New Way of Looking at the Same Old Numbers: Using Data Envelopment Analysis to Evaluate Environmental Quality Part III. A Case, a Summary, and Some Conclusions 10. A Case of Environmental Justice: The Disposal of Hazardous Material in Noxubee County, Mississippi 11. Policy Directions and Recommendations 12. Environmental Justice: A New Paradigm-A Time of Change Appendix A: Principles of Environmental Justice Notes Bibliography Index

Book Review: Class, Race, Gender, and Crime: Social Realities of Justice in America

Book Review: Class, Race, Gender, and Crime: Social Realities of Justice in America